Child abuse is tragically distressing and life-altering for young victims and their loved ones. If your child suffered abuse at the hands of a church, daycare center, babysitter, or neighbor, a Santa Ana child abuse lawyer is here to help you seek justice.

What Constitutes Child Abuse in California?

California’s Child Abuse and Prevention Treatment Act (CAPTA) defines four types of child abuse: child neglect, physical abuse, emotional abuse, and sexual abuse.

Neglect

Neglect is a failure to care for a child’s needs properly. Examples of child neglect include:

• Failing to feed a child
• Leaving a baby in a hot car
• Withholding medical care
• Exposing a child to domestic abuse
• Failing to provide education

Physical Abuse

Physical abuse includes any type of physical harm to a child, such as punching, kicking, scratching, or shaking. Such abuse can result in broken bones, internal injuries, severe bleeding, and brain damage.

Emotional Abuse

California law defines child emotional abuse as “a pattern of care that hinders a child’s emotional growth over time.” Examples include:

• Humiliation
• Threats
• Denying love and affection
• Telling the child that they are unwanted or worthless

Sexual Abuse

Child sexual abuse includes coercing, persuading, or tricking a child into engaging in sexual acts with an adult. Examples of sexual abuse include:

• Rape
• Indecent exposure
• Child trafficking
• Exploitation of a minor through the creation of child pornography

Who Is Required To Report Child Abuse?

In California, several parties are required by law to report suspected or known child abuse to their local child protection agency. Mandatory reporters include:

• Police officers
• Firefighters
• School employers
• Clergy
• Healthcare practitioners
• Daycare workers
• Social workers
• Youth organizations
• Humane Society officers
• Animal control officers
• Child visitation monitors

Failing to report abuse is a misdemeanor that carries a fine of up to $1,000 and up to six months in jail.

Signs of Abuse

The signs of abuse can vary depending on the type of abuse the child has been subjected to. If you notice any of these signs, call a Santa Ana child abuse lawyer.

Signs of physical abuse include:

• Unexplained bruises and cuts
• Injuries that would be impossible for the child to sustain on their own
• Suspicious stories about how the injuries happened

Signs of sexual abuse include:

• Genital or anal pain
• Pregnancy
• Inappropriate sexual behavior with other minors
• Age-inappropriate sexual knowledge

Signs of neglect include:

• Dirty, unkempt appearance
• Rapid weight loss
• Hoarding or stealing food
• Poor growth
• Poor school attendance
• Lack of clothing

General signs of all types of abuse include:

• Anger, aggression, hyperactivity, or hostility
• Social withdrawal
• Poor grades
• Self-harm
• Depression and anxiety
• Poor self-esteem
• Suicidal ideation or suicide attempts

Who Can You Hold Liable for Child Abuse?

With the help of a Santa Ana child abuse lawyer, you can hold anyone who has committed abuse against a child liable for their actions, such as:

• Teachers
• Clergy members
• Neighbors
• Family members
• Foster families
• Daycare centers

Child Abuse Is Both a Civil and a Criminal Matter

Unlike other types of personal injury cases, child abuse allegations fall under both criminal and civil law. If the alleged abuser’s criminal defense fails, they may have to spend time in prison. You can also file a civil claim against them, allowing you to sue for damages.

What’s the difference between a criminal case and a civil personal injury suit? A criminal case needs evidence “beyond a reasonable doubt” to convict the defendant. In a personal injury case, on the other hand, the burden of proof is less strict.

Thus, even if the defendant is found innocent in a criminal case due to a lack of proof, you can still recover damages with a civil claim.

Damages Available for Child Abuse Victims

Those subjected to child abuse can recover both economic and non-economic damages. Economic damages include things such as emergency treatment, ongoing medical care, physical therapy, and psychiatric care.

Victims can recover damages for “future financial consequences.” For example, they may recover damages if the abuse caused physical or psychological impairments that would prevent them from working as an adult.

Because child abuse is so harmful to victims emotionally, courts commonly award damages for mental anguish. A court may also award the victim punitive damages. Courts award these damages to plaintiffs when the defendant has acted maliciously or intentionally harmed the victim.

Can You Sue for Child Abuse as an Adult?

Because child abuse victims are minors, they must rely on an adult to seek justice on their behalf. But what happens if their parent or guardian does not file a claim against the abuser before they turn 18? Can they still recover damages once they’ve reached adulthood?

Yes. California law gives child abuse victims until their 40th birthday to file a claim. So, even if the abuse happened decades ago, you can still recover some of your damages.

That’s not all. California’s discovery rule sometimes allows you to extend the deadline past your 40th birthday. This rule says that you can sue within five years of discovering that your injury was caused by child abuse, regardless of your age at the time of discovery.

Steps To Take When Filing a Child Abuse Claim

Here are the steps you must take when planning to file a child abuse claim:

1. Take action to protect the child — their safety should always come first. Remove them from the abusive situation and take them for medical treatment if necessary. If the abuse is happening at home, ask a family member, friend, or neighbor if you can stay with them. If that isn’t an option, you may be eligible to stay at a local domestic violence shelter.
2. Report the abuse to the authorities, such as the police or Child Protective Services (CPS). If the abuse happened in a school, daycare, or church, you should also report it to the highest possible authority for the facility.
3. Gather evidence of the abuse. This can include pictures of the child’s injuries, testimony from people who saw the abuse, written statements from your child, and doctor’s notes. Your attorney can help you gather the evidence you need to build your case.
4. Call a child abuse lawyer if you haven’t yet done so. They will guide you through your claim from start to finish.

How Can a Santa Ana Child Abuse Lawyer Help?

Child abuse cases can be incredibly complex, especially if you are suing your abuser as an adult. For the strongest possible chance of recovering your damages, hiring a Santa Ana child abuse lawyer who knows the ins and outs of California’s legal system is essential.

Your lawyer will meticulously gather evidence proving child abuse, calculate your damages, and provide court representation if necessary. Our attorneys are also trained to treat child abuse victims with sensitivity and respect.

Legal Advocacy for Child Abuse Victims in Santa Ana

Whether you are a parent who wants justice for your child or an adult wishing to seek compensation for abuse that happened when you were young, The Cifarelli Law Firm is here for you. Our firm shows compassion to victims while fighting aggressively for compensation. To learn more about victim rights, call (949) 409-6324 for a free consultation with a Santa Ana child abuse lawyer.